Ord. 0665 11-08-93ORDINANCE NO. 665
AN ORDINANCE WAIVING THE ENCROACHMENT OF TWO CERTAIN
PORTABLE BUILDINGS OWNED BY EAGLE NATION, INC. EXTENDING
INTO THE EASEMENT (ALLEY) LOCATED BEHIND THE MEDLIN
OFFICE CENTER AT 2404 SOUTH GRAND BOULEVARD IN THE CITY
OF PEARLAND.
WHEREAS, the owners of the subject property have requested
waiver of the existing encroachment and acknowledge that such
waiver extends only for such time as the two portable buildings
shall remain in existence on the alleyway; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City of Pearland hereby waives the
encroachment of two certain portable buildings extending into the
easement (alley) located behind the Medlin Office Center at 2404
South Grand Boulevard. Exhibit "A", hereof, which is attached
hereto and incorporated herein by reference, generally portrays the
location of the subject tract and encroachment.
Section 2. This waiver is effective only to the extent of the
encroachment presently existing, and generally described on the
attached Exhibit.
Section 3. This waiver is further effective only upon the
execution of certain Protective Covenants in a form acceptable to
any affected utility and City of Pearland.
PASSED and APPROVED on First Reading this the 02 S day of
(X , A. D., 1993.
ATTEST:
PAT JONES
CITY SECR ARY
MAYOR
PASSED and APPROVED on Second and Final Reading this the
day of 32 d-r�?--_ A. D., 1993.
ATTEST:
PAT JONES
CITY SECRET RY
APPROVED AS TO FORM:
DICK GREGG, JR.
CITY ATTORNEY
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PROTECTIVE COVENANTS
EAGLE NATION, INC. is the owner of record of a certain tract,
or parcel of land, located at 2404 South Grand Boulevard, in
Pearland, Texas, adjacent to an unnamed alleyway lying behind the
Medlin Office Center at same street address. CITY OF PEARLAND, a
Municipal Corporation and body politic, organized and existing
pursuant to the laws of the State of Texas, is trustee for the
public of that dedicated alleyway. Two portable buildings owned by
EAGLE NATION, INC. encroach on that alleyway.
CITY OF PEARLAND acknowledges and consents to the encroachment
of those two portable buildings on the subject alleyway easement.
CITY OF PEARLAND's acknowledgment and consent is specifically
limited to the encroachment herein described, and no additional
encroachment of any nature whatsoever shall be construed as having
been consented to herein.
EAGLE NATION, INC. agrees and covenants to indemnify and hold
harmless CITY OF PEARLAND, its successors and assigns, from and
against any and all liability, claims, losses, demands, injury or
other casualty to property or to persons, including costs and
attorney's fees, caused by, growing out of, or occurring in
connection with the hereinabove referenced encroachment upon the
alleyway, even if CITY OF PEARLAND is
grossly negligent in whole or in part.
CITY OF PEARLAND expressly reserves
shown to be negligent
or
the right, and EAGLE
NATION, INC. expressly acknowledges and consents to this right, to
remove without liability therefore, any material or structure
contributing to the encroachment acknowledged herein, should such
removal be desirable in order for CITY OF PEARLAND to gain access
for any reason whatsoever to the CITY OF PEARLAND's properties in
or on such right of way. The parties hereto expressly agree that
CITY OF PEARLAND shall in no way be liable for any removal and/or
damage done to such materials and/or structures. Furthermore, the
parties hereto specifically agree that CITY OF PEARLAND shall under
no circumstances be under any duty or responsibility to restore any
materials and/or structures so removed and/or damaged.
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The conditions and covenants are hereby declared to be
covenants running with the land and shall be fully binding upon all
persons acquiring any interest in the property, described herein,
whether by descent, demise, purchase, gift or otherwise.
ACCEPTED and AGREED to this the 449 day of
1993.
CITY OF PEARLAND
By:
EAGLE NATION, INC.
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFOR ME tie ndersigned authority, on this day personally
appeared ,, known to me to be the person
whose name is subscribed to the foregoing instrument of writing,
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and as an act and deed of said
CITY OF PEARLAND, TEXAS.
GIV N UNDER
THE STATE OF TEXAS
COUNTY OF BRAZORIA
OFFICE, this the 8. day of
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
My Commission Expires:
`ddQ6' 18itr3E o��,,a`4
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this day personally
appeared /'e' # a/ 74 o,r/ , known to me to be the person
whose name is subscribed to the foregoing instrument of writing,
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and as an act and deed of said
EAGLE NATION, INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 9 day of
00000000
PATSY JONES
Notary Public, State o1 Tee
My Commission EQsi.OS.29-1994
, 1993.
NOTARY P ;• I ` N AND FOR THE
AT fOF TEXAS
My Commission Ex res:
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